DURBAN - SOME residents in the Durban North Broadway Precinct say they are “fed-up” with being overlooked by the EThekwini Municipality as they feel their residential area is being rezoned into a business district.
They claim the City has been granting private business owners permission to operate, even though it falls out of the precinct plan.
In October, residents had made an objection application to the City, stating that a resident from Glenwood had bought a home to convert into a beauty spa in Adelaide Tambo Drive, however, nothing had been done.
They said under the Durban Scheme there is a restrictive condition of title in the deed of transfer that states that “neither the property hereby transferred nor any dwelling or erection thereon shall be used either in whole or in part for the purpose of carrying on any business, trade, industry, vocation or calling”, which they felt has been violated by the city.
Shelly Brown, who has been a resident since 2012 in Roehampton Way, admitted businesses owners were rezoning properties without following the proper channels.
“A surgery has opened in our area. I believe the neighbours weren’t even shown building plans for the massive renovation, never mind it being turned from a home to a business in the middle of a residential area.
“In addition, a pre-school has been opened and in spite of many neighbours’ concerns being highlighted, they weren’t addressed and the renovations and alterations to a school went ahead,” she said.
Another resident who asked not to be named said there was a poster making the rounds on social media that there was a restaurant being opened in Adelaide Tambo Drive without consent from residents.
“Most of my neighbours are complaining about the negative effects the volume of traffic will have if more businesses are being allowed to operate in the area.
“We are already suffering from traffic congestion during peak hours and having more businesses in the area will only make things worse.”
Ward councillor Shontel de Boer said the residents had raised numerous objections with the City, but no litigation had been conducted against these businesses. She said more businesses were popping up, especially on Adelaide Tambo Drive.
“Most of these business owners are not permanent residents. This should not be the case because the plan clearly shows where the businesses should be located. The plan is clear and residents are happy with the plan, but the City and businesses are overlooking it."
De Boer said some businesses had continued operating for years without any special consent.
Responding to the complaints, Msawakhe Mayisela, spokesperson for the City, said the purpose and intent of the Broadway Precinct as encapsulated in the ethekwini Municipal Land Use Scheme: Central Planning Region was to promote and manage residential, business and office uses in close proximity to or integrated with each other within the area in order to reinforce its status as a neighbourhood shopping and convenience node.
Mayisela said the Broadway Precinct Plan had not been changed as reflected in the ethekwini Municipal Land Use Scheme: Central Planning
Region, however, he admitted it might happen that the residential area itself could also have non-residential uses by special consent, which may give the impression that applications were being approved outside of the Broadway Precinct plan.
“It is not standard operating procedure to approve applications outside of the Broadway Precinct Plan that are contrary to the plan,” he said.
He said the serving of contravention notices on owners transgressing the scheme in the Broadway Precinct had been happening and would continue to happen as and when illegal uses were found.
“The enforcement process as set out by law will be followed to its conclusion, and the Broadway Precinct is no different,” added Mayisela.
SUNDAY TRIBUNE